Are there restrictions on what I can name my baby?

Although a recent LegalBlogWatch.com article discusses the limitations that some states place on baby names, in Massachusetts there are no restrictions in the general laws that limit parents' rights to name their child.

M.G.L. c. 46 s 1 prohibits the recording of a father's information in the birth record of a child of unwed parents "except as provided in section 2 of chapter 209C where paternity has been acknowledged or adjudicated under the laws of the commonwealth or under the law of any other jurisdiction." This does not, however, restrict the right of the Mother to use the Father's surname, only restricts her ability to list him as the Father without his agreement.

There may be administrative limitations such as limiting the full name to 40 characters for recording in the Massachusetts electronic data system (as reported in a law review article, Naming Baby: The Constitutional Dimensions of Parental Naming Rights). It is also likely that administrative officials might refuse to record names that contain obscenities or ideograms. The above referenced law review article discusses the constitutionality of such restrictions.

In the event parents disagree about the name of a child, the court may also become involved. MassLegalServices.org provides information about Petitions for Name Change including a summary of what happens when parents disagree. The short version is that the court will decide what name is in the child's bester interest taking into account factors such as the length of time the child has used a previous name, the age of the child, and any potential difficulties or embarrassment a current or proposed name may present.

Is Divorce different for Men & Women?

I recently read an article written by a professional whose firm handles divorce cases for women only. At Kelsey & Trask, P.C. we represent both men and women going through divorce, and the statement made by this other firm got me thinking. If you choose only to represent women then you must think there is something unique about how they experience divorce which you think you can help with (or conversely something unique about men's experience that you don't want to help with).

In my experience having represented both men and women, everyone experiences the loss, the frustrations, the anger, the relief, and all of the other emotions of divorce differently. Although I have noticed some similarities across cases, they often depend more on the financial similarities between those cases, than the role of men or women.

For example, there are still many cases which fit into the traditional model of a homemaker wife and wage earning husband. There are of course similarities across cases about how homemaker wives experience financial distress and may need more assistance in understanding the finances of the marriage. Similarly, when the mother has been the primary caregiver for the children, father may need more assistance in understanding how to parent effectively on his own.

However, I have also handled cases where the wife was the main wage earner, and the husband the primary caregiver to the children. And much more typically today, we handle cases where families share these responsibilities.

Because individual cases vary so greatly, I don't think any generalizations about how women or men experience divorce differently can be all that useful. The best advice for anyone going through divorce I believe applies equally to both men and women: be calm, be reasonable, be forthcoming, and seek help when you need it.

Visit the Office of the Future in the World of Tomorrow!

Thanks to FirmFuture presenter Gabriel Cheong for inspiring us to make better use of our iPad in the office.

Now when you schedule an initial consultation we can use our iPad, displayed on the flat screen TV (pictured above), to show you:

• how to calculate Child Support or Alimony online
• how to create Parenting Plans online
• how calculate the cost of Bankruptcy online
• or evaluate the length of time a Bankruptcy will take online.

And if you want any of the information printed out so you can take it home, our new laser HP printer can print directly from the iPad right in our conference room, using WiFi magic.

These are just some of the ways that we are trying to design our new office, at 160 Speen St, Suite 202, Framingham, MA, to be as friendly, convenient and useful to current or potential clients.  If you are interested in checking it out, give us a call at 508.655.5980 or set up an appointment online here.

What is the Automatic Restraining Order (Supplemental Probate Court Rule 411)?

In addition to beginning the litigation process, immediately upon the filing of a Complaint for Divorce, the Plaintiff (person who filed the Complaint) is restrained from taking specific actions with respect to their assets and liabilities. Along with the Summons the Court will provide to the Plaintiff, a Notice describing the Rule 411 Automatic Restraining Order. A sample Notice describing the Rule 411 Automatic Restraining Order is available here.

Upon the service of the Complaint and Summons on the other party (the Defendant), they too become restrained by Rule 411. Generally Rule 411 prohibits either party from
a. selling, hiding, encumbering or disposing of any personal property or real property in which either of you have an interest (except for in the case of specific exceptions),
b. incurring any further debt that would burden the credit of the other spouse (such as making charges on joint credit cards),
c. changing the beneficiary designation on any life insurance policy, pension or investment accounts, or
d. doing anything that changes your spouse or your children's coverage under medical, dental, life, automobile or disability insurance.

There are exceptions to Rule 411 which you should discuss with your attorney. Do not violate the Automatic Restraining Order or the Court may, and most likely will, order you to undo whatever action you took and sanction you for violating the Restraining Order.